72R-193
RESOLUTION NO. 72R-193
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING RULES AND REGULATIONS FOR
THE ADMINISTRATION OF THE EMPLOYER-EMPLOYEE
RELATIONS SYSTEM OF THE dITY OF ANAHEIM.
WHEREAS, the City Council of the City of Anaheim did
adopt Ordinance No. 3040 whichOrdjinlUlce did add C~pter 1. 06 to
the An~eim Municipal Code, said chapter est~lishing lUl employer-
employee relations system for the C~ty of Anaheim, said Ordinance
and amendment to the Municipal Code' to be and become effective
June 15 , 1972 ; and
WHEREAS, Section 1.06.060 of said Chapter 1.06 provides
for the adoption of employee relations rules by resolution of the
City Council for the establishment Qf specific procedures lUld
regulations governing the operation of the employer-employee
relations system; and
WHEREAS, the City Management .Representative ,under the
direction of the City Manager, did prepare proposed employee
relations rules which were submitted to the City Council for its
analysis and study; and
WHEREAS, the City Management Representative, under the
direction of the City Manager, did consult in good faith with
representatives of employee organizations concerning the proposed
employee relations rules; and
WHEREAS, the City Council, after due deliberation, did
find and determine that the employee relations rules as s~tted
by the City Management Representative and as approved by the City
Council should be adopted and that the adoption of said rules would
be in the best interest of the City of Anaheim and the residents
thereof and would be in the best interests of the efficient adminis-
tration of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the fOllowing employee relations rules
be, and hereby are, adopted and established as the rules of pro-
cedure and regulation governing the operation of the employer-
employee relations system of the City of Anaheim.
BE IT FURTHER RESOLVED that this Resolution shall be
and become effective concurrently with Ordinance 3040 on
the 15th day of June ,1972
THE FOREGOING RESOLUTION
day of May, 1972.
is aP:;;edand Si;ned() me~ 16th
Wfl'tak.'OF T~ MTY ~ftiim:IM
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ANAHEIM
STAIl'E OF CALIPORNIA )
COUN'fi OP OlWfGE ) ss .
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify tllat the foregoing ResOlu.:tion No. 72R-193 was
pas$ed and adopted at a regular meeting of' theCi ty Ci:r!1ncil held
on the 16th dayof . May , 19.1ij by the following
vote of the members thereof:
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AYES: COUNCILMEN: Stephenson, Pebley and Dutton
NOES: COUNCILMEN: Sneegas and Thorn
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 16th day of
May , 19 72 .
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IN WITNESS WHElU:OP, I have hereunto set Il\Y hand and
affixed the seal of the City of Anaheim this 16th day of
May , 19 72
klll<1; A~:-- MIAl!EIM
(SHAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
72R-193 duly passed and adopted by the Anaheim City Council on
May 16, 1972.
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City Clerk
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RULE 1.
PURPOSE AND GENERAL PROVISIONS
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Section 1.0 The objectives of these rules are to promote full
communication between the city and its employees and to promote
the improvement of employer-employee relations within the munici-
pal government by providing a uniform basis for recognizing the
right of City employees to join organizations of their own choice
and be represented by such organizations in their employment
relationships with the City.
Section 1.1 These rules set forth specific procedures and regu-
lations governing the operation of the employer-employee rela-
tions system.
Section 1.2 It is hereby the declared employer-employee rela-
tions policy of the city of Anaheim that:
1.21
City employees shall have the right to form, join
and participate in the activities of employee
organizations of their own choosing for the purpose
of representation on all matters of employer-
employee relations.
1.22
city employees shall also have the right to refuse
to join or participate in the activities of
employee organizations and shall have the right to
represent themselves individually in their employ-
ment relations with the City.
1.23
Recognized employee organizations shall have the
right to represent their members in their employ-
ment relations with the City.
Section 1.3 If any section, subsection, sentence, clause or
phrase of these RULES is found to be illegal, such findings shall
not affect the validity of the remaining portions of these RULES.
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RULE 2.
REPRESENTATION PROCEEDINGS
Section 2.0 An employee organization that seeks recognition as
the majority representative in an appropriate unit shall file a
Petition for Recognition with the City Management Representative
containing all of the information set forth in section 1.06.110
of the Employer-Employee Relations Ordinance, accompanied by
written proof that at least thirty per cent (30%) of the employees
in the unit claimed to be appropriate have designated the employee
organization to represent them in their employment relations with
the city. Such written proof may consist of a signed petition
or dues deduction cards, including the names and job class titles
of employees and shall be dated within three months prior to the
date upon which the petition is filed and shall be subject to
confirmation by City Management Representative.
2.01
The City Management Representative upon receipt of
the Petition shall deterI'Qine whether; (1) there
has been compliance with the requirements of the
Petition for Recognition, and (2) the proposed
unit is an appropriate unit.
2.02
If an affirmative determination is made by the City
Management Representative on the foregoing two
matters, he shall give notice of such request for
recognition to the employees in the unit and shall
take no action on said request for thirty (30)
working days thereafter.
2.03
If either of the foregoing matters are not affirma-
tively determined, the City Management Representa-
tive shall inform the employee organization of the
reasons therefor in writing within twenty (20)
working days after the date of the filing of the
petition.
2.04
Within thirty (30) working days of the date notice
to employees is given, any other employee organiza-
tion (hereinafter referred to as the "challenging
organization") may seek recognition in an overlap-
ping unit by filing a Petition for Recognition,
provided, however, such challenging organization
must submit written proof that it represents at
least thirty per cent (30%) of the employees in
such unit.
All affected employee organizations shall have an
opportunity to discuss such overlapping Petitions
with the City Management Representative at a time
designated by the City Management Representative.
The city Management Representative shall determine
the appropriate unit or units as between such
proposed overlapping units in accordance with the
criteria set forth in Section 1.06.120 of the
Employer-Employee Relations Ordinance.
2.07 When an employee organization in the unit found to
be appropriate submits written proof that it repre-
sents at least thirty per cent (30%) of the em-
ployees in such unit, the City Management Repre-
sentative shall arrange for a secret ballot elec-
tion to be conducted by the City Clerk.
2.05
2.06
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2.071
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2.072
2.073
All challenging organizations who have sub-
mitted written proof that they represent
at least ten per cent (10%) of the employ-
ees in the unit found to be appropriate, and
have submitted a Petition for Recognition
as required by Section 1.06.110 of the
Employer-Employee Relations Ordinance shall
be included on the ballot. The choice of
"no organization" shall also be included
on the ballot.
Employees entitled to vote in such election
shall be those persons employed in positions
within the unit who were employed during the
pay period immediately prior to the date
which is fifteen (15) working days before
the election, including those who did not
work during such period because of illness,
vacation or authorized paid leaves of
absence and who are employed by the City
in the same unit on the date of the
election.
There shall be no more than one valid
election in a twelve (12) month period
within the same unit.
2.08 An employee organization shall be granted recognition
as majority representative within twenty (20) working
days following an election or run-off election if:
(1) that employee organization has received the vote
of a numerical majority of all the employees eligible
to vote in the unit in which the election is held
(i.e. fifty percent (50%) plus one of the votes of all
elibigle employees), or (2) at least sixty percent
(60%) of the total number of employees in the unit
eligible to vote have voted in the election, and an
employee organization receives a numerical majority of
all votes cast in the election (i.e., fifty percent
(50%) plus one of the votes cast), or (3) in an
election involving three or more choices, where none
of the choices receives a majority of the valid votes
cast, a run-off election shall be conducted between
the two choices receiving the largest number of
valid votes cast. The rules governing an initial
election shall also apply to a run-off election.
Section 2.1 A Petition for Decertification alleging that an
employee organization is no longer the majority representative of
the employees in an appropriate unit may be filed with the City
Management Representative only during the month of April of each
year following the first full year of recognition.
2.11 The Petition for Decertification may be filed by
an employee, a group of employees or their representa-
tive, or an employee organization.
2.12 The Petition, including all accompanying documents,
shall be verified, under oath, by the person signing
it, that its contents are true. It mar be
accompanied by a Petition for Recognit10n.
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2.13
The Petition for Decertification shall contain the
following information: (1) The name, address and
phone number of the petitioner and a designated
representative authorized to receive notices or
requests for further information. (2) The name
of the recognized employee organization. (3) An
allegation that the recognized employee organiza-
tion no longer represents a majority of the
employees in the appropriate unit, and any other
relevant and material facts. (4) Written proof
that at least thirty per cent (30%) of the employees
in the unit do not desire to be represented by the
recognized employee organization. Such written
proof may consist of a signed petition or dues
deduction cards including the names and job class
titles of employees and shall be dated within three
months prior to the date upon which the petition is
filed and shall be subject to confirmation by the
city Management Representative.
2.14 The City Management Representative shall arrange
for a secret ballot election to be conducted by the
City Clerk.
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2.141
There shall be no more than one valid
decertification election in the same
unit in any twelve (12) month period.
2.15 The recognized employee organization shall be
decertified if a majority of those casting valid
ballots vote for decertification.
Section 2.2 A Petition for Modification of an established unit
may be filed by an employee organization with the City Management
Representative only during the month of April of each year following
the first full year of recognition.
2.21 The Petition for Modification shall contain all of
the information set forth in Section 1.06.110 of the
Employer-Employee Relations Ordinance, along with a
statement of all relevant facts in support of the
proposed modified unit. The Petition shall be
accompanied by written proof that at least fifty
per cent (50%) of the employees within the proposed
modified unit have designated the employee organiza-
tion to represent them in their employment relations
with the City. Such written proof may consist of a
signed petition or dues deduction cards including
the names and job class titles of employees and
shall be dated within three months prior to the date
upon which the petition is filed and shall be subject
to confirmation by the city Management Representative.
All affected employee organizations shall have an
opportunity to discuss such Petition for Modifica-
tion with the City Management Representative at a
time designated by the City Management Representa-
tive.
2.22
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2.23
The city Management Representative shall determine
the appropriate unit or units as between the
existing unit and the proposed modified unit in
accordance with the criteria set forth in Section
1.06.120 of the Employer-Employee Relations Ordin-
ance.
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2.24 If the city Management Representative determines
that the proposed modified unit is the appropriate
unit, then he shall follow the procedures set
forth in Section 2.0 of Rule 2 for determining
recognition rights in such unit.
Section 2.3 When an employee organization has been recognized
as the majority representative in an appropriate unit, such
recognition shall remain in effect for one year from the date
thereof and thereafter until such time as the City Management
Representative shall determine, on the basis of a secret ballot
election conducted in accordance with the foregoing sections,
that the recognized employee organization no longer represents
a majority of the employees in the appropriate unit or until
such time as the unit may be modified as provided in section 2.2
of Rule 2.
Section 2.4 The cost of any election proceeding conducted by the
City Clerk shall be borne by the City.
Section 2.5 Upon the request of an employee organization, a
dispute on the appropriateness of a unit of representation shall be
submitted to the Department of Conciliation of the Department of
Industrial Relations for mediation or for recommendation for
resolving the dispute.
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RULE 3.
GRIEVANCE PROCEDURE REPRESENTATION
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Section 3.0 Employees shall have the right to be represented in
grievance matters in the following manner:
3.01 Employees shall have the right to represent themselves
individually in grievance matters.
3.02 Employees may designate a representative to represent
them in grievance matters.
3.03 No supervisor shall be represented in grievance
matters by an employee whom he may supervise.
3.04 No employee shall be represented in grievance matters
by a supervisor for whom he may work.
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RULE 4.
EMPLOYEE ORGANIZATION REPRESENTATIVES
Section 4.0 Employee organization representatives are those
elected or appointed by a recognized employee organization in
accordance with its constitution and bylaws.
4.01 A recognized employee organization shall notify
the City Management Representative, in writing,
of the names and job class titles of its officers
and other representatives each time an election
is held or new appointments are made.
4.02 An employee elected or appointed as an officer
or representative of a recognized employee organi-
zation shall be required to work full time in his
respective job class and shall not interrupt the
work of other employees.
Section 4.1 Officers and representatives (subject to the pro-
visions of Section 4.02) of an employee organization recognized as
a majority representative in an appropriate unit shall be permitted
to visit employee work locations for the purpose of observing con-
ditions under which employees are working, provided such visit
shall not interrupt the work of such employees, interfere with
the normal operations of the department or with established safety
or security requirements.
4.11 Such officers and representatives shall not enter
any work location without the knowledge of the
department head, division head, or other appropriate
supervisor.
4.12 Solicitation of membership and all activities con-
cerned with the internal management of an employee
organization, such as collecting dues, holding
membership meetings, preparation of petitions or
grievance material, preparation of proposals,
campaigning for office, conducting elections and
distributing literature, shall not be conducted
during working hours.
Section 4.2 In the event that an employee organization is
formally meeting and conferring with representatives of the City
on matters within the scope of representation during regular City
business hours, a reasonable number of officers or representatives
of the employee organization shall be allowed reasonable time off
without loss of compensation or other benefits.
4.21 Such officers and representatives shall not leave
their duty or work station or assignment without
the knowledge of the department head, division head,
or other appropriate supervisor.
4.22 Such meetings are subject to scheduling in a manner
consistent with operating needs and work schedules.
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RULE 5.
USE OF CITY FACILITIES
Section 5.0 The City shall allow an employee organization
recognized as a majority representative in an appropriate unit to
post notices pertaining to employee organization business on City
bulletin boards at mutually agreeable specific locations.
5.01 All materials must be dated and must identify the
employee organization that published them.
5.02 The City reserves the right to determine what
reasonable portion of City bulletin boards are to
be allocated to employee organizations' materials.
5.03 An employee organization that does not abide by
these rules will forfeit its right to have materials
posted on City bulletin boards.
Section 5.1 The City shall allow an employee organization recog-
nized as majority representative in an appropriate unit to conduct
meetings in City facilities.
5.11 Such meetings shall be scheduled in accordance
with regulations governing use of public meeting
rooms at City facilities.
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